Workplace Issues Today
Students at an Aveda Institute located in Chicago were recently recognized as having employee status, by a federal judge. Aveda’s cosmetology students were required to perform various manual labor tasks, such as cleaning floors and washing towels. Students reported that they were unable to refuse to perform these tasks. While the cosmetology school’s representatives argued that manual labor was part of the students’ education, federal judge Judith Levy disagreed and ruled that those students performing said tasks should legally be considered employees.
See Associated Press, The Detroit News, Oct 3 2018
On Tuesday, hundreds of fast-food workers from McDonalds, Burger King, and Wendy’s gathered in Detroit to push for a $15 minimum wage and the right to union representation - blocking several lanes of traffic - and resulting in 18 people, including Rashida Tlaib, former state representative who is running for a U.S. House seat, and Abdul El-Sayed, former Democratic candidate for governor, being arrested by Detroit police for disrupting the peace. At a similar protest earlier in the day in Flint, Michigan, eight people were injured when a pickup truck plowed into the protesting workers; Democratic gubernatorial candidate Gretchen Whitmer and Flint Mayor Karen Weaver were in attendance but were unhurt. Similar protests in favor of wage increases for fast food workers are expected later this week in Chicago and Milwaukee, amongst other cities; McDonald's recently experienced large-scale walkouts protesting sexual harassment. The fast food worker protests adds to the increasing labor unrest in Michigan. On Sept. 17, University of Michigan nurses voted in favor of a three-day work stoppage to protest "…continuous violations of their workplace rights." Two days later, 98 percent of the 160 housekeepers, servers, cooks and door attendants at the Westin Book Cadillac Detroit hotel voted in favor of a strike. Last but not least, more than 160 road projects in Michigan came to a halt for nearly four weeks after heavy equipment operators stopped working.
See Arrests, injuries highlight protests of fast food workers in Michigan, Annalise Frank, Crain's Detroit Business, Oct 2 2018
Amazon, long plagued by stories of poor working conditions and low wages in its warehouses, has decided to increase the minimum wage for its workers in the US and UK, to $15 and £9.50 respectively. The increase in base pay means that Amazon’s British workers will effectively receive a pay raise of 28% in London and 18% elsewhere, while the lowest paid US workers will receive an increase of 36%. CEO Jeff Bezos commented that “we listened to our critics, thought hard about what we wanted to do, and decided we want to lead.” Some economists theorized that the move was necessary due to labor shortages. Decreasing unemployment levels in the US have helped workers demand higher pay, resulting in the fastest wage increases in nine years. In the UK, companies have found it harder to recruit staff, due to a decrease in the number of EU workers since the Brexit vote.
See Amazon boosts minimum wage for its American ($15) and British workers (£9.50), Richard Partington, The Guardian, Oct 2 2018
The U.S. 7th Circuit Court of Appeals in Chicago has ruled unanimously that suburban Lincolnshire in northwestern Illinois does not have the right to establish a local right-to-work law. “Right-to-work” laws allow workers to opt out of paying union fees even if those workers benefit from collective bargaining. The court stated that while the National Labor Relations Act allows individual states to pass right-to-work laws, it does not allow for passing that responsibility to local governments, due to the likelihood of conflicting labor laws on the local level. The decision conflicts with a ruling made by the 6th Circuit Court of Appeals in 2016 in Kentucky, which ruled in favor of local regions being able to establish right-to-work laws. This sets up the possibility that the case may be taken to the Supreme Court for review, which the Chicago-based Liberty Justice Center intends to do. The Liberty Justice Center represented Lincolnshire and also represented Mark Janus, whose case against “fair share” union payments reached the Supreme Court and dealt a blow to unions nationally earlier this year.
See Federal appeals court reaffirms decision to deny right-to-work laws in northwestern Illinois; conflicting with a 2016 federal court ruling in Kentucky that may bring case to Supreme Court, Mitch Dudek, Chicago Sun-Times, Oct 2 2018
As of today, Michigan will require that all food stamp recipients are employed. Individuals who are currently participating in the program will have three months after their next annual case review to find a job, before their benefits are withdrawn. In 2002 Michigan removed this barrier to assistance due to high unemployment; now that unemployment rates have decreased, the state will reestablish this requirement. In order to meet this requirement, an individual must work at least 20 hours per week in a paid position, a job training program, or as a volunteer at a nonprofit.
See Meira Gebel, Detroit Free Press, Oct 1 2018
New contracts have been ratified at five more Chicago hotels, while ten hotels remain out on strike in hopes of securing greater benefits and work conditions. The five that recently reached an agreement include four Hilton hotels, and the Inn of Chicago. The new contracts will increase wages, benefits, and overall working conditions for hotel hospitality workers. Union representatives also report that the new agreements will allow workers to keep their health benefits, in the event that they are laid off during the winter months.
See Alexia Elejalde-Ruiz, Chicago Tribune, Oct 1 2018
German parties are currently debating as to whether or not asylum-seekers should be offered foreign worker status if they find employment and learn to speak German. Coincidentally, Germany faces a shortage of skilled workers. While it would take up to five years for a refugee with a low education level to learn German and become qualified to fill a skilled position, the refugee is already living in Germany. The alternative is to ask refugees to return to their home countries, and hire skilled workers from abroad. Leaders have yet to reach a consensus regarding how these concerns should be addressed.
See Michael Nienaber, Reuters, Oct 1 2018
The European low-cost flight service, Ryanair, has canceled hundreds of flights as workers prepare to go out on strike. The company’s CEO has a history of expressing anti-union sentiment, consequently, unions were just recently granted recognition by the airline. One of the major sources of employee discontent comes from Ryanair using foreign-employment contracts, thus subjecting workers all over Europe to Irish labor laws. This employment arrangement creates tremendous inconvenience for workers- many find it difficult to open bank accounts, purchase phone plans, and access unemployment benefits in their home countries. An additional grievance that workers will protest in the upcoming strike is the use of third party hiring services and contractors, as opposed to hiring regular flight crews.
See Cole Stangler, The Atlantic, Sep 28 2018
Uber CEO Dara Khosrowshahi stated, at a conference, that the company would provide benefits to its workers, “if it’s something that can work in the ecosystem.” In recent legal decisions, Uber drivers have been defined as independent contractors rather than employees. This means that drivers are not entitled to the benefits given to employees. However, in Europe where labor laws are different, Uber is already offering some benefits for drivers such as parental and sick leave compensation. The benefits offered to European drivers are limited- only those who have completed 150 rides in the previous eight weeks are eligible. When asked to comment, Uber referenced a statement signed by the CEO earlier this year which advocates for the creation of a federal benefits system that can be utilized by independent contractors.
See Glenn Fleishman, Fortune, Sep 28 2018
The Dutch furniture store, IKEA, has been accused of disrespecting its workers’ rights to collective activity. Unions have alleged that management has harmed unionization efforts in the United States, Ireland, and Portugal. The Dutch government has been asked to intervene, as the company has not taken appropriate action against the anti-union management tactics being displayed in the aforementioned countries. In light of these allegations, IKEA has stated that it complies with labor laws in all markets where it operates, and that it respects its workers’ rights to unionize.
See Anna Ringstrom, Reuters, Sep 28 2018
A U.S. Federal Court has ruled that charter schools in Louisiana must acknowledge and bargain with teacher unions. In 2016, the United Teachers at New Orleans was asked by the teachers of International High School of New Orleans to represent them in contract negotiations. Voice of International Business and Education, the holder of the charter, had denied the request for representation, stating that in order to collectively bargain, the union needed the approval of the employer. Eventually, the court ruled that Voices is not a political subdivision of the state, and thus is not exempt from the ruling of the National Labor Relations Board.
See Will Sentell, The Advocate, Sep 27 2018
Amazon has reportedly sent a training video to Wholefoods Inc. explaining workplace organizing and how to prevent it. It has been claimed that the video asks managers to be aware of the “warning signs” of union activity. Staff writer of Gizmodo, Bryan Menegus, released a tweet alleging that Amazon included the statement “Unions are lying, cheating rats” in its video. As a response, an Amazon spokesperson says that the company stands behind its video claiming that the company only wants to better engage its employees and better train its managers.
See Erin Corbett, Fortune, Sep 27 2018
Board Chairman Lee-Sanghoon and twenty-seven other high-level executives from Samsung and its partner companies have been indicted for allegedly undermining a labor union of its employees. The indictments come after years of rumors about the company’s strong disapproval of labor unions. South Korean prosecutors of the case have deemed Samsung’s actions as “an organized crime”. The company has been alleged to have taken many different approaches to discourage its employees from joining labor unions such as threatening to lower the wages of union workers. Samsung has even cut off business ties with companies who are pro-unions.
See Sam Kim, Bloomberg, Sep 27 2018
Amidst an NLRB investigation into Tesla’s alleged labor law violations, emails have been uncovered that suggest that management was employing anti-union tactics. Gaby Toledano, who recently stepped down from her position as “chief people officer,” suggested in an email to Tesla CEO, Elon Musk, that key union advocates be offered positions as full-time safety staff. Toledano also wrote that she would consult with the Tesla legal team to guarantee that the full-time safety staff would be considered managers. Promoting union advocates to management positions would prohibit those individuals from supporting union organizing activities. Tesla continues to deny the allegations that the NLRB has brought against the company.
See Josh Eidelson, Bloomberg, Sep 26 2018
Harvard’s newly formed graduate student union is preparing to vote on a long list of bargaining objectives. The list addresses a wide variety of issues- ranging from childcare to international student protections. Some of these goals include negotiating free tuition, lower housing costs, and greater health coverage. The union is also seeking to establish a formal third-party grievance procedure. Union negotiators hope to begin bargaining with the university before the end of the semester.
See Shera S. Avi-Yonah and Molly C. McCafferty, The Harvard Crimson, Sep 26 2018
The video game developer Telltale Games decided to close their studio, dismissing approximately 250 employees with no notice, reason, or severance pay. A former employee has filed a suit against the company alleging that the large layoff is in violation of the Worker Adjustment and Retraining Notification Act. The WARN Act requires firms with at least 100 full time employees to provide 60 days’ notice prior to mass layoffs or closures, exceptions being made only when company action is a result of “circumstances that were not reasonably foreseeable.” However, the state adoption of the law will make it difficult for Telltale Games to fight against the allegations. California’s reworking of the law does not allow exceptions to be made even when closure is a result of circumstances that were out of the firm’s control.
See Legal Entertainment, Forbes, Sep 26 2018
A federal appeals court in San Francisco has dealt a blow to Uber drivers, ruling that the drivers are unable to group together for purposes of a class action lawsuit to fight for better pay and benefits. The decision doesn’t come as a surprise, especially after the U.S. Supreme Court gave more power to employers in May, forcing workers to file for individual arbitration rather than class action lawsuits. A lawyer for the drivers noted that thousands of drivers have already signed up for individual arbitration, and that if “Uber wants to resolve these disputes one by one, we are ready to do that -- one by one.”
See Appeals court rules against class-action status for Uber drivers, Joel Rosenblatt and Bob Van Voris , Bloomberg, Sep 25 2018
Labor unions in Argentina staged a nationwide strike on Tuesday to protest the declining value of the peso, one of the world’s highest inflation rates, and reduction measures ordered by President Mauricio Macri, including decreasing subsidies on utility rates, layoffs of state workers, new taxes on exports, and the elimination of several ministries. The strike grounded flights, crippled bus and train lines and closed the main agricultural port. Many hospitals provided only emergency services, garbage wasn’t picked up, and many stores and banks didn’t open. President Macri initiated market-friendly changes in 2015 that received praise from investors, but which have also caused labor unrest in a country with traditionally strong state benefits.
See Argentina’s workers strike to protest economic crisis, snarling essential services, Luis Andres Henao, The Associated Press, Sep 25 2018
Fashion company H&M has not been following through with its 2013 promise that it would provide fair living wages for its textile workers by 2018, according to the Clean Clothes Campaign (CCC), based on interviews with 62 workers in supplier factories from Cambodia, India, Turkey, and Bulgaria. The CCC report found that H&M workers in Cambodia earned less than half the estimated living wage; those living in India and Turkey were earning a third of the living wage. The company - which has more than 4,800 stores in 69 nations - disagreed with the CCC’s findings, saying that it had reached at least 600 factories and 930,000 garment workers with its fair living wage strategy, and that “there is no universally agreed level for living wages…(which) should be defined and set by parties on the labor market through fair negotiations between employers and workers representatives, not by Western brands.” The Ethical Trading Initiative – a group of trade unions, companies, and charities, commented that “the issue of living wages is bigger than one brand, and too few companies have initiatives to drive up wages.”
See Retailer H&M accused of not keeping 2013 promise to implement fair living wages, Kieran Guilbert, Reuters, Sep 25 2018
The Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Walmart Inc. on Friday, claiming that the Walmart did not accommodate pregnancy-related medical restrictions, and denied pregnant workers' requests for unpaid leave. The Pregnancy Discrimination Act of 1978 prohibits workplace discrimination against pregnant women; in 2015 the Supreme Court also ruled that the act addressed the need to provide the same type of accommodations to pregnant employees as it does similarly disabled workers. The lawsuit was brought on behalf of employees at distribution centers in Wisconsin; the retailer is also facing class action lawsuits in Illinois and New York for denying accommodations to pregnant women in its stores.
See Equal Employment Opportunity Commission files lawsuit against Walmart for discrimination against pregnant workers, Vanessa Romo, NPR, Sep 24 2018
Several senators have urged the Secretary of Education to overturn a one-sided collective bargaining agreement with the nation’s largest federal employee union, claiming that the department had broken federal labor laws in March when it had ended negotiations with the American Federation of Government Employees (AFGE) on a new collective bargaining agreement and implemented a contract that ended numerous employee benefits, including telework, alternative work schedules, official time and nearly two dozen categories of issues that had been subject to grievance procedures. The AFGE filed an unfair labor practice complaint against the department with the Federal Labor Relations Authority, which found in July that the union’s case held merit. The senators wrote that the department’s attempts to implement a “management edict” have weakened its ability to recruit and retain employees, and have asked the department to provide information about what has been done to resolve outstanding unfair labor practice charges, as well as provide the number of employees who have left since the implementation of the new contract.
See Senators urge Department of Education to overturn one-sided collective bargaining agreement implemented without union input, Erich Wagner, GovExec.com, Sep 24 2018
A California state senator has co-authored a bill that would require greater gender equality in public boardrooms, mandating that public companies headquartered in the state must place at least one woman on their board by the end of 2019. The bill also demands that two women must sit on public boards with five members, and three on boards of six or more by 2021. As of June 2017, more than 25% of the 445 publicly traded companies in California had no women on their boards. Opponents to the bill, including the California Chamber of Commerce, argue that the bill’s quota system does not address a lack of diversity along racial and ethnic lines, and that legislating to address gender equality would create “token” measures that would ultimately harm. Legislation pushing gender diversity is not unique – Massachusetts and Illinois have passed non-binding resolutions to address the issue. In 2003, Norway required 40% of corporate board seats be held by women, which was followed by France and other European countries. In 2015, Germany followed suit, requiring 30% of corporate board seats be held by women. Earlier this year, the New York State Common Retirement Fund announced its opposition towards the re-election of all directors on U.S. corporate boards without a single woman.
See California state senator proposes legislation that would mandate greater gender equality in publlic boardrooms, Edward Helmore, The Guardian, Sep 24 2018
On Thursday, the U.S. stated that it is taking a stand against forced labor- as a means of protecting American jobs. The International Labour Organization and Walk Free Foundation estimate that 25 million people are engaged in forced labor, and more than $400 billion worth of the goods entering the U.S. annually are manufactured by exploited workers. While the issue of unethical labor sources has been framed in the past as a human rights violation, the Trump administration seeks to fight slave labor to ensure that the U.S. can compete fairly in the global market. This position is consistent with the administration’s “America First” policy, which seeks to “create a fair playing field” for the U.S. and its trade partners.
See Sebastien Malo, Reuters, Sep 21 2018
A recent study, conducted by Vanderbilt’s Tae-Youn Park and Brownlee O. Curry Jr., has found that mothers represented by unions are at least 17 percent more likely to take advantage of paid maternity leave, than their nonunionized counterparts. Currently, the U.S. lags behind other industrialized countries in ensuring paid maternity and paternity leave. There are leave plans provided by individual employers and some state-based programs, however, Park notes that having those plans in place does not necessarily mean that parents will take advantage of them. Park’s research seeks to identify the barriers that prevent new parents from taking leave, and identifies unions as a key player in helping employees take advantage of existing parental leave plans.
See Nathaniel Luce, Vanderbilt Business News, Sep 21 2018
Walmart has surveyed its employees to gain a better understanding of which employee benefits would be most valuable to new hires. The shifting labor market has forced employers to increase employee benefits and perks to retain current employees and attract new hires. In the past year, more than one third of employers have increased employee benefits, according to the Society for Human Resource Management. Walmart has raised its starting wage, implemented a more relaxed dress code, and expanded its employee benefits in order to remain competitive. Now it seems that Walmart is seeking to add to its list of employee perks, once again, as it attempts to keep up with other large employers.
See Matthew Boyle, Bloomberg BNA, Sep 21 2018
Nurses and union workers from the California Nurses Association and the Caregiver Healthcare Employees Union who work at Palomar Health hospitals in California have been picketing outside of the hospitals to protests against alleged short staffing and working conditions. Palomar claims that there is nothing wrong with the staffing levels and that the hospitals meet or even exceed federal issued guidelines. In fact, Palomar believes that the workers and unions are motivated by the recent Janus Supreme Court decision on labor unions rather than the actual alleged labor disputes.
See Difficult working conditions and short staff lead to picketing at Palomar Health hospitals, Paul Sisson, San Diego Union-Tribune, Sep 20 2018
As of September 14, the National Labor Relations Board has asked field offices to begin pursuing unions that have been slow or unprofessional in responding to worker complaints. The NLRB is holding unions to a higher standard in providing fair representation to employees, by asking to implement or use tracking systems that records response time to worker complaints. The new directive is similar to other policy changes that increases pressure on unions in recruiting and maintaining membership numbers.
See New NLRB directive to hold unions accountable for negligent behavior, Hassan A. Kanu, Bloomberg BNA, Sep 20 2018
The graduate student union at Columbia University announced that it plans to strike again, in an attempt to pressure the university to negotiate. Graduate students first voted to unionize in 2016, since then they have been fighting for recognition. The university refuses to engage in negotiations with the union, with a university spokesperson stating that a union will threaten Columbia’s essential academic functions, and unnecessarily disrupt undergraduate students’ education. The strike in April interrupted core courses, and resulted in the cancellation of numerous discussion sections in the weeks leading up to finals. If the graduate student union strikes again, undergraduate courses will undoubtedly be impacted negatively.
See Emma James and Noah Percy, Columbia Spectator, Sep 19 2018
The leadership of Unite Here Local 11, which represents around 2,700 hotel workers, and Disneyland Resort management have finally reached a tentative agreement following over a year and a half of negotiations. The four year contract, if approved, will raise Disneyland’s starting wage to $15 an hour. A study that was conducted by the unions representing Disney workers earlier this year found that many employees reported not earning a wage that allowed them to cover their basic expenses. Negotiating a living wage is a substantial win for Disneyland Resort unions, who have been fighting for better wages and benefits for over a year.
See Hugo Martin, LA Times, Sep 19 2018
During the economic crisis in 2009, the minimum wage in Greece was decreased by up to 32 percent. This reduction was implemented in an attempt to stabilize the Greek economy and make it more competitive during a time of immense volatility. Following Greece’s third “international bailout,” leaders have submitted a draft amendment to parliament, in an attempt to rapidly increase the minimum wage. The draft states that the increase to the minimum wage will be complete by 2019, and will involve discussions with unions, employers, and government.
See Renee Maltezou, Reuters, Sep 19 2018
Some Disney employees who also work as Lyft drivers have filed statements with the National Labor Relations Board claiming that they do not wish to seek representation from unions, and that they are “happy with their working conditions”. The local Teamsters union had requested almost 60 “Minnie Van” drivers to be included in their bargaining units, with a regional director of the labor board approving the request in May. Disney had appealed the decision, asking to delay any requirement to bargain over the drivers. The drivers against unionization are being represented by the National Right to Work Legal Defense Foundation, and had wanted to side with Disney in a current labor dispute over concerns that they would be forced into the Teamster pension plan, lose seniority and lose income.
See Some Lyft drivers at Disney oppose unionization attempts by Teamsters, fearing lost income and seniority, Mike Schneider, Associated Press, Sep 18 2018
Nashville’s population increased by 11.6% between 2010 and 2016, but the subsequent construction boom has been deadly for its workers – 16 were killed during 2016 and 2017, the deadliest two year range in over 30 years, resulting in the city being named the most dangerous city in the south for construction workers in a 2017 report. Half of the deaths were Latino workers in a city where Latinos make up 10% of the population. 11 of the 16 deaths were due to lack of safety harnesses that could have prevented deadly falls. Workers spoke of a culture of intimidation and fear that prevented basic safety concerns from being addressed. Some progress is being made– a coalition of Latino, black, and white workers recently aligned with city council allies to have Major League Soccer agree to a list of improvements for the employees working on the football stadium being built, including building affordable housing in surrounding communities, preference for contractors with good workplace safety records, and an improved minimum wage of $15.50 for workers at the stadium. Current minimum wage for Nashville construction workers stands at $14 despite the building boom.
See Population boom leads Nashville to increasing fatalities for construction crews working in unsafe conditions, Mike Elk, The Guardian, Sep 18 2018
At rallies and protests today in 10 U.S. cities, McDonald’s workers spoke out about sexual abuse, coercion and harassment as common occurrences in the restaurants, with the company doing little to improve working conditions, despite complaints filed with the Equal Employment Opportunity Commission (EEOC). Tuesday’s protests, inspired by the #MeToo movement, occurred in Chicago, Durham, Kansas City, Missouri, Los Angeles, Miami, Milwaukee, New Orleans, Orlando, San Francisco and St Louis. Workers described being groped, forced into corners, and being kissed by managers, while fearing to speak out for fear of losing their jobs. While organizers described the strike as the first nationwide to specifically target sexual harassment, they noted that this was part of a larger problem of workers being exploited, with the company resisting unionization attempts as well as the movement to increase wages to $15 an hour. According to a 2016 survey performed by Hart Research Associates, 40 percent of female fast food workers reported being sexually harassed.
See McDonald’s workers protest, walk out in 10 U.S. cities against continuing sexual harassment culture, Kari Lydersen, The Guardian, Sep 18 2018
Construction workers in Turkey recently returned to work after protesting poor work and living conditions at the site of the new Istanbul airport. Employees have reported inadequate food, living quarters infested with bedbugs, and unsafe practices at the construction site. According to a statement released in February from Turkey’s labor ministry, accidents and health problems at the airport construction site have caused 27 worker deaths since 2015. Protests commenced after 17 workers were injured in a shuttle accident. The president of the IYI-SEN union believes that employees have returned to work due to threats from management, and notes that police presence at the work site has increased. According to union representatives, it is unclear as to whether or not protests will continue.
See Ali Kucukgocmen, Reuters, Sep 17 2018
Michigan Medicine nurses have voted to authorize a three-day strike. Recently, union representatives filed a lawsuit against the university, alleging numerous labor law violations. Nurses claim that their employer has failed to bargain in good faith, retaliated against workers who exercise their right to free speech, and altered nurses’ shifts without prior union approval. The employer has expressed concerns regarding patient safety in the event that a strike does occur. Despite the authorization, union representatives have stated that a strike is not their goal.
See Marc Daalder, Detroit Free Press, Sep 17 2018
In recent years, the gig model has offered an alternative employment solution in “shift work” industries that struggle with high turnover. The gig economy has expanded into the food delivery, transportation, hospitality, and retail industries with great success. The author suggests that one industry that could benefit greatly from adapting the gig model is the restaurant industry, which faces an exceptionally high employee turnover rate and as a result, high training costs. The restaurant industry shares a lot of commonalities with the other industries that have implemented the gig business model approach, the author proposes that industry leaders should consider shifting from employees to independent contractors.
See Chris Comparato, Forbes, Sep 17 2018
This spring, Harvard graduate students successfully established a union. Negotiations between the union and the university will begin soon. Harvard joins schools such as Cornell, NYU, and Georgetown who have all agreed to or begun bargaining with unionized graduate student workers. Yale continues to struggle to establish a graduate student union, as the university is critical of the union’s procedures. The university claims that the chosen bargaining unit is not representative of the larger graduate student population, and thus does not agree to validate the vote.
See Carly Wanna, Yale News, Sep 14 2018
On Thursday, the NLRB proposed a rule that would overturn the Obama-era Browning Ferris standard. If this rule is passed, only employers who have direct influence over their employees will be defined as “joint employers.” This definition is narrow in contrast to the current standard which holds that a company that exerts direct or indirect control is considered a joint employer. Business groups have a strong interest in overturning the Browning-Ferris standard because it broadens the definition of the types of employers that can be held responsible for labor law violations.
See Daniel Wiessner, Reuters, Sep 14 2018
The Burgerville Workers Union has filed an Unfair Labor Practices charge with the NLRB, after Portland workers were informed of an unwritten uniform policy that prohibits non-work related buttons. Employees wearing buttons that represent causes such as the Black Lives Matter movement, were told to remove their buttons as they are prohibited from the workplace. While this policy does not prevent the use of buttons protected by the NLRB, the union is displeased that the company did not discuss such a policy before enforcing it. Burgerville has released a statement, suggesting that this issue is not within the NLRB’s authority.
See Alex Frane, Portland Eater, Sep 14 2018
Pilots and cabin crew for Ryanair, Europe’s largest low-cost airline, walked out for a full day on Wednesday in Germany, grounding 150 flights out of a scheduled 400, with threats to engage in more strikes. Ryanair CEO Michael O’Leary insisted that they were prepared to deal with strikes in order to defend their “cost base” and that the strikes had nominal impact on operations, warning that job cuts may result from continued “wildcat strikes.” The airline had come under criticism for hiring some of its pilots through third-party agencies rather than employing them fully; German services union Verdi is asking for significant pay increases for cabin crew. The airline had only recently decided to recognize unions last December in an attempt to improve relations with pilots and relieve staffing inadequacies.
See Ryanair pilots, cabin crew stage full-day walkout, halts 150 flights in Germany, Maria Sheahan and Sarah Young, Reuters, Sep 12 2018
Mexico President-elect Andrés Manuel Luís Obrador has proposed legislation to improve collective bargaining rules, partly to shift power from labor leaders to union workers, and partly to comply with the new trade agreement with the U.S., which had been negotiated this summer with an eye towards exerting more control over wages in Mexico. Currently, “protection agreements” may occur where deals are struck between labor leaders and management without worker consent. An estimated nine out of 10 agreements have been struck without worker consent or even knowledge. The new legislation would require the votes of at least 30% of union workers before a new contract is signed. Protection agreements currently in place would be given an expiration date unless workers vote to extend them. The president-elect had campaigned with promises to improve worker wages and end “boss rule” in unions. Average wages in Mexico were almost 50% lower than in the next poorest OECD country, Hungary; the national minimum wage is around $1,150 a year.
See Proposed legislation in Mexico to improve wages, protect union workers from secret agreements, Lucas Laursen, Fortune, Sep 12 2018
1,250 United Steelworkers members in two local unions in Massachusetts have been on lock-out strike for three months in tense labor negotiations with National Grid, a British utility company, with two of the most contentious demands involving benefits most workers today no longer have. The unions are holding strong in trying to maintain a company-funded pension retirement plan for its new hires rather than a 401k retirement plan; they are also refusing to agree to a new health care plan that would raise costs substantially for employees. The unions’ insistence on not having a two-tiered system – one for current employees and one for new hires – in order to not incur resentment among workers, may hurt the unions’ bargaining potential in a time of waning union power. Union leaders are refusing to budge, however, saying they are doing this not just for themselves, but for “organized labor everywhere.” Locked-out workers are picketing company facilities, holding demonstrations, heckling replacement workers, and documenting numerous safety violations by inexperienced contractors and supervisors now doing the jobs, with almost 100 alleged safety violations being reported to the Department of Public Utilities. The locked-out workers are getting unemployment at half their base salary, but have no health insurance. The company’s lock-out after the contract expired this year is being challenged with the National Labor Relations Board.
See Labor lockout for Massachusetts utility workers trying to hold on to old-school benefits, union power, Katie Johnston, Boston Globe, Sep 12 2018
As surfing becomes an Olympic sport in 2020, the World Surf League announced it will raise prize money for its women athletes in 2019, to equal those of male surfers. The gender pay gap between surfers has been significant, with prize money at an Australian competition earlier this year resulting in $100,000 for male winners and $65,000 for female winners. The WSL had received negative publicity in June when a photo from a South Africa junior surf competition showed a male and female athlete holding up their prize checks, worth 8000 and 4000 rand respectively. In addition, the State Lands Commission in California required the WSL to offer equal pay in order to receive a permit to hold its annual big-wave competition at Mavericks. Last year, BBC Sport did a study which found that while 35 of 44 sports governing bodies awarded equal prize money, the disparity in those sports that did not was often striking, notably with female soccer players. Five members of the U.S. women’s soccer team filed a wage discrimination suit in 2016 against the U.S. Soccer Federation, alleging that female players were paid a quarter of their male counterparts, even though the women's team had earned $20 million more in revenue.
See World Surf League will address gender pay disparity for women athletes by equalizing prize money in 2019 , Laurel Wamsley , NPR, Sep 10 2018
While Tesla CEO Elon Musk has insisted that he remains neutral on unions, several current and past employees have shed details on Tesla’s anti-union working climate, describing it as a “culture of fear.” . The car company has been in the news often for anti-unionization efforts, with employees stating that upper management has always quashed pro-union sentiments quickly, and those who are fired are pushed to sign non-disclosure agreements prior to receiving their last paycheck. One past employee cited the cause of his termination as being two unsatisfactory performance reviews whose ratings had been altered after the fact to give a lower score, although his supervisor’s positive comments remained. Prior to his unionization attempts, the employee’s performance reviews had been highly rated for several years; his supervisor confirmed that the ratings had been lowered. Currently on trial is an NLRB complaint over Musk’s promise in 2017 to fix safety concerns if unionization attempts ceased. Similar charges are currently under consideration by the NLRB, including alleged surveillance and intimidation against workers attempting unionization.
See Anti-union efforts persist at Tesla as employees speak out on intimidating work culture, Michael Sainato, The Guardian, Sep 10 2018
Blue-collar jobs in the goods-producing sectors such as the mining, construction and manufacturing industries grew 3.3 percent in the year preceding July, the highest rate since 1984. Much of the recent blue-collar job growth can be attributed to rebounding oil prices, and rebuilding efforts post-hurricanes Harvey and Irma. A strong global economy has also fueled the construction and manufacturing industries, which have driven most of the growth. Rural employment grew at an annualized rate of 5.1 percent in the first quarter, with smaller metro areas growing 5 percent – both larger than the 4.1 percent growth in large urban areas, according to a report by the Brookings Institution’s Metropolitan Policy Program. The economy has added 656,000 blue-collar jobs, while the services sector has added 1.7 million, but the rate of growth in blue-collar jobs is accelerating, while service-sector job growth has hovered around 1.3 percent for the past year. The good news may not last forever; long-term growth still favors technological industries and large cities, and Trump’s tariff war may dent momentum.
See Blue-collar job growth rate, highest in 30 years, revitalizes rural areas, Heather Long and Andrew Van Dam, The Washington Post, Sep 10 2018
In the wake of Greece’s third EU bailout and the accompanying austerity measures implemented last month, seamen in Athen’s ports went on strike this week. Ships will remain docked for a full 24 hours. The national seamen federation PNO says that negotiations for a new collective bargaining agreement have stalled due to the employer’s inability to meet demands for wage increases. Shipping companies have been forced to reschedule numerous sailings.
See Renee Maltezou, William Maclean, and Ed Osmond, Reuters, Sep 5 2018
Cornell received the Goat of Labor Award at the 35th Labor Day picnic on Monday. The award is given to the employer accused of the most egregious labor violations in the local community. The ongoing labor issues at the Maplewood construction project was cited as the reason for Cornell winning the title. A petition was recently circulated by the Tompkins-Cortland Building & Construction Trades Council, an AFL-CIO affiliate. The petition urges the University’s use of local union labor in future construction projects.
See Hnin Ei Wai Lwin, The Cornell Daily Sun, Sep 5 2018
The current prison labor strike has garnered far more media attention than the national prison strike in 2016. Major news outlets including the New York Times, the Guardian, Al Jazeera, and the Washington Post have covered the story in sympathetic op-ed’s. Prison historian Dan Berger attributes several factors to the sudden newsworthiness of prison militancy, including the efforts of millions of activists. Groups of formerly incarcerated activists including All of Us or None, Just Leadership USA, and the National Council of Formerly Incarcerated Women and Girls have done substantial work in bringing attention to issues of mass incarceration. Activism around incarceration has grown with the radical labor movement, the most prolific example of solidarity between the movements is the Incarcerated Workers’ Organizing Committee. The IWOC is closely tied to unionists of the Industrial Workers of the World and other radical labor groups.
See Jared Rodriguez, Truth Out, Sep 5 2018
Earlier this week, the Trump administration announced that they have reached a handshake agreement with Mexico on NAFTA terms that include a number of demands made by the AFL-CIO last summer. Included in the deal was boosting the amount of automotive content that had to be sourced from within the NAFTA region, raising that threshold to 75% from 62.5%. This increases pressure on auto manufacturers to source their materials in North America, boosting the hiring of workers in the region. The deal also requires that 40-45% of that content comes from factories where workers earn at least $16 an hour, which is much higher than the wage in most Mexican factories. Thus, factories would have an incentive to keep workers in the U.S. and Canadian factories.
See Josh Zumbrun, The Wall Street Journal, Aug 31 2018
According to a recent poll by the Pew Research Center, 55% of Americans have a favorable view of labor unions, compared to 33% who hold an unfavorable view. The results are not a new development, in fact, the same poll has shown that a majority of Americans have supported the idea of labor unions for the last three decades. Still, BLS data shows that only 10.7% of all wage workers in 2017 were union members. Union membership fell to an all-time low in 2016, to about half of the 1986 rate of 20.1%. According to the Pew Research study, 51% of Americans view the decline of labor unions as effecting workers negatively, while 33% believe the decline has been good for working people. African Americans, people who hold advanced degrees, and young adults are most likely to believe that the decline of unionization has had a negative impact on workers. Along party lines, 68% of Democrats and left-leaning independents believe the decline of unions has negatively affected workers, while 53% of Republicans and right-leaning independents see the decline of unions as being mostly good for working people.
See Drew Desilver, Pew Research Center, Aug 31 2018
Trump recently nominated Mark Gaston Pearce (D) to serve on the NLRB for another term. The board will still remain under Republican control, but Pearce’s nomination is nevertheless a surprising victory for labor advocates. Trump’s decision to nominate Pearce was made in the face of near-unanimous criticism by the business community and the Republican party. The three-vote majority-ruled process for approving union elections unfair labor practice complaints means that Pearce will be able to effectively team up with fellow board-democrats Lauren McFerran to make substantive decisions in some cases.
See Hassan A. Kanu and Tyrone Richardson, Bloomberg Business, Aug 29 2018
The NLRB has officially filed a complaint against Tesla for anti-labor tweets made by owner Elon Musk in May. The tweet threatened that workers would lose their stock options if they unionized. Shortly after the complaint was filed, Musk tried to explain his reasoning behind the comment, saying that the union was unlikely to let employees hold stock in Tesla. Nevertheless, the Board found Musk’s comment threatening and illegal. Musks social media activities have also sparked multiple lawsuits and an investigation by the Securities and Exchange Commission.
See Kate Gibson, CBS Money Watch, Aug 29 2018
Brandeis’ graduate student union has reached a tentative labor deal with the university. While several other schools have elected unions since the landmark Columbia decision permitted collective organizing among graduate student workers, this is the first time that a student union has successfully negotiated a deal with a university. Administrators at Harvard and Tufts have, however, agreed to bargain with their graduate student unions. Still, several institutions including Columbia stand in stark opposition to the concept, arguing that unionization will lead to more aggressive tuition hikes.
See Kirk Carapezza, WGBH, Aug 29 2018
Over the weekend, U.S. District Judge Ketanji Brown Jackson officially shot down Trump’s executive orders aimed at weakening federal labor unions. In an opinion published on Saturday, Judge Brown Jackson said that Trump exceeded his authority when he signed the executive orders in May, pointing to the fact that Congress established the collective bargaining rights for federal employees through the Federal Service Labor-Management Act. The case was brought by four Unions representing federal employees. The 122-page decision concluded that the unions’ had a stronger argument, and keeps the rights of Federal Employees intact.
See Gregory Korte, USA Today, Aug 27 2018
Unite Here local 362 struck deal with Disney World that will raise wages to $15 by 2021, a 50% increase from their current wages. The agreement covers thousands of park and resort employees, who will also receive the $1,000 bonuses the company had promised them earlier this year. The deal also includes back pay of 50 cents per hour or 3%, whichever is higher, for all hours worked since September 2017. The agreement is the culmination of a highly-publicized and tenuous unionization drive. Both sides have expressed they are very happy with the deal.
See Jackie Wattles, CNN Money, Aug 27 2018
Target employees at the Huntington Station, New York location could become the company’s first-ever unionized workers in an upcoming union election next week. The store is located on the north shore of Long Island, about forty minutes outside of New York City. The NLRB approved the election last week and will take place on either September 7th or 8th. The store’s 250 employees will decide whether or not they want to be represented by the United Food and Commercial Workers Union Local 1500. The company currently has no unionized stores, although has faced elections in the past. Management at Target’s Minneapolis location is protesting the board’s approval of the election, on grounds that a supervisor allegedly participated in the unionization drive.
See Mark Reilly, Minneapolis/St.Paul Business Journal, Aug 27 2018
The latest statistics from the International Labor Organization show that more than four-hundred million working people around the world work forty-nine hours or more per week. Notably, Elon Musk even revealed spending his birthday pulling an all-nighter in his factory. While many of his fans saw this disclosure as a natural and admirable part of being Silicon Valley’s most notable entrepreneur, that tone sets a dangerous precedent. There is a slew of evidence that shows working overtime is a health risk and reduces productivity. Nevertheless, millions of people from medics to gig economy workers are seemingly reluctant to speak out against this ‘long hours’ culture. A study of job records over thirteen-years showed that jobs that require high amounts of overtime pose a 61% increased risk of on the job injury compared to jobs without overtime. Working excessively long hours is a serious hazard and can have major consequences, even for billionaires like Elon Musk. After a recent New York Times interview Tesla’s stock fell 8.8% amid suspicions about Musk’s declining mental health. With the growing gig economy, it seems unlikely that platforms like Uber and GrubHub will allow this reality to change in the near future. Researcher Alex J. Wood’s recent publication, “Good Gig, Bad Big: Autonomy and Algorithmic Control in the Global Gig Economy,” reveals just how severe the correlation is.
See José Luis Peñarredonda, Aug 24 2018
The NLRB received authorization from the Office of Personnel Management earlier this month to offer Voluntary Early Retirement Authority and Voluntary Separation Incentive Payments to labor board employees. According to the agency, the move is an effort to “rebalance” the composition of staff members at their headquarters and regional offices and “realign staffing with office caseloads”. The reductions would also reportedly allow greater allocations for training and technology improvements. NLRB employees that are fifty and older with at least twenty-five years of service are eligible for early retirement and would get up to $25,000 upon leaving their post.
See Erich Wagner, Government Executive, Aug 24 2018
A nineteen-day nationwide prison strike launched on Tuesday has now caught on in at least one immigrant detention facility. Detainees at the Northwest Detention Center in Tacoma, Washington wrote a handwritten letter that was posted to the NWDC Resistance Facebook page announcing their decision to strike in solidarity with imprisoned persons across the country. The hunger strike is calling for minimum wages for working prisoners, improved conditions in prisons, and the possibility of parole for all prisoners. The initiative was spearheaded by Jailhouse Lawyers Speak, who advocate that prison labor is unconstitutional and equivalent to slavery.
See Esther Wang, The Slot, Aug 24 2018
The Tompkins-Cortland Building and Construction Trades Council and the Tompkins County Workers’ Center have launched a campaign to bring awareness to a number of issues surrounding the ongoing Maplewood Apartments Redevelopment Project, which was supposed to have been completed early last month. The graduate student housing commissioned by the university is under contract with Memphis-based EdR Trust. Only about ten percent of the onsite construction workers are local union members, a number that has gradually increased under pressure to finish the construction on time but still far lower than most Cornell projects. Signs that read #DoesCornellCare are planted throughout the construction area, accompanied by a truck with a neon sign with the same slogan. A corresponding website and social media campaign have also been launched. With a number of other high-profile construction projects being discussed, including the North Campus Residential Initiative and East Hill Village, advocates hope to push Cornell into utilizing more local union labor on future projects.
See Matt Butler, ithaca.com, Aug 22 2018
The NLRB reopened a case last week concerning a Texas restaurant that fired a worker who filed a collective wage and hour lawsuit against them. The board’s initial decision found the restaurant guilty. However, they decided to revisit the case on the basis of a Supreme Court ruling in Epic Systems v. Lewis that said businesses can include mandatory arbitration provisions and class action waivers in employment contracts. The board voted to reopen the case in a 3-2 decision without a request from the restaurant, indicating that they want to reconsider whether an employer can fire or take disciplinary action against a worker for filing a class action lawsuit.
See Hassan A. Kanu, Bloomberg BNA, Aug 22 2018
Sanitation workers in Atlanta who staged a day-long strike last week have reached a tentative labor agreement with their employer. With help from Federal Mediation and Conciliation Service mediators, Teamsters Local 728 and Republic Services Atlanta have reached a historic deal, according to the employer, which gives members a substantial pay increase and job security protections. Drivers, helpers, mechanics, and dispatchers will vote to ratify the agreement on August 25.
See Ben Brasch, The Atlanta Journal-Constitution, Atlanta sanitation workers who went on strike reach tentative deal, Aug 20 2018
After eleven days, a strike involving 250 Teamsters ended with no immediate resolution at Coca-Cola Bottling Company plants in Alabama and Mississippi. Local 991 leaders issued a statement on Monday saying its members will return to work this week. The two sides were in talks for weeks with little progress. A mediator is continuing to work with both sides to negotiate a new contract. Employee David Stephens said that while he feels that he and his co-workers needed to go back to work, the walkout made a difference and that a contract seemed likely soon.
See John Sharp, Alabama.com, Aug 20 2018
France’s labor minister Muriel Pénicaud, former human resources executive and the country’s wealthiest cabinet member, is working to implement a “flexible security” labor model that gives companies more freedom to hire and fire employees. The plan is part of a campaign spearheaded by President Macron to renew France’s economy. Pénicaud has been a strong force in implementing such changes, throwing out widely valued parts of the 3,300-page rulebook established following the French Revolution. Importantly, she decentralized industry-wide collective bargaining last year, allowing companies to reach separate deals with workers.
See Liz Alderman, The Seattle Times, The New York Times, Aug 20 2018
The Washington Post has settled labor disputes with newsroom employees over their social media policies related to the disciplining of a reporter who criticized owner Jeff Bezos. The resolution is part of long-running contract negotiations for reporters and some commercial staff. A tentative two-year agreement that includes a $15 per week raise has been reached. The agreement offers closure on two complaints filed by the Washington Post Guild and stipulates that reporters can now be held responsible for false or defamatory social media posts by reporters. The Washington Post did, however, agree to remove a written warning from employee Fredrick Kunkle, who wrote a piece for the Huffington Post that criticized Jeff Bezos’ treatment of his employees. According to the union, contract negotiations lasted over a year.
See Hassan A. Kanu and Andrew Wallender, Bloomberg BNA, Aug 17 2018
On Tuesday, Korean prosecutors told Yonhap News they are seeking an arrest warrant for former Samsung vice president over allegations of his involvement in a scheme to interfere with union organizing at one of the company’s subsidiaries. The former VP was only identified by his last name, Kang, is being prosecuted for events dating back to 2013. At the time, Kang was the head of Samsung Group's Future Strategy Office, the decision making body for labor issues. According to Yonhap, the tech giant is Korea’s wealthiest conglomerate and has a reputation for having a “no labor union” policy.
See Yonhap staff, Yonhap, Aug 17 2018
A union representing Air France workers warned the carrier’s incoming CEO Ben Smith they will go on strike unless pay demands are satisfied. Smith will leave his current position as Air Canada’s chief of operations in the next month, succeeding Jean-Marc Janaillac who quit after failing to end a series of strikes that crippled the French airline. In addition to the strike threat, Smith faces competitive challenges after Air France shares recently fell two percent.
See Phil Serafino and Frederic Tomesco, Bloomberg Business, Aug 17 2018
A union representing Air France workers warned the carrier’s incoming CEO Ben Smith they will go on strike unless pay demands are satisfied. Smith will leave his current position as Air Canada’s chief of operations in the next month, succeeding Jean-Marc Janaillac who quit after failing to end a series of strikes that crippled the French airline. In addition to the strike threat, Smith faces competitive challenges after Air France shares recently fell two percent.
See Phil Serafino and Frederic Tomesco, Bloomberg Business, Aug 17 2018
Several factory workers at an H&M plant in Cambodia were fired for attempting to form a union. One of the women, Neth, told Swedish news reporters from SVT that she and her colleagues work on short-term contracts and earn less than $217 US dollars a month. Cambodian law stipulates that seamstresses who work for two years must have permanent employment and paid vacation and sick leave, but according to a report done by the organization Fair Action, the vast majority of Cambodia’s 700,000 textile workers are employed on short-term contracts lasting between two and six months. While permanent employees cannot be dismissed without notification and severance pay, short-term workers do not have the same protection and often work overtime without compensation. When Neth and her colleges tried to redress the gap, their boss told them they would not win the fight and refused to extend their contracts. Swedish-owned H&M is the largest buyer of clothing sewn in Cambodian textile factories and generates an annual revenue of more than $20 billion USD. H&M’s Sustainability Manager for Social Affairs, Cecilia Tiblad Berntsson, said that Neth and her colleges did not have their contracts extended because of work shortages, and not because of their organizing activities.
See Claes JB Löfgren, SVT Nyheter, Aug 15 2018
Activists aligned with the Service Employees International Union are calling for Trump NLRB appointees John Ring and William Emanuel to recuse themselves from a dispute over whether McDonald’s employees were fired for supporting “Fight for $15”. Ring (R) and Emanuel (R) have both previously worked as attorneys at the management-side labor law firm that is representing McDonald’s in the case. Conflict of interest issues already led the labor board to throw out a major ruling in February, after the inspector general found Emmanuel failed to recuse himself in a separate case. The Board did not comment on the recuesal request. On Tuesday, General Counsel Peter Rob issued a filing for the Board to approve the McDonald’s settlement, saying that the judge who ruled against it had overstepped her role.
See Josh Eidelson, Bloomberg, Aug 15 2018
Five-thousand protestors plan to stage a rally Wednesday afternoon to support families who have been separated at the border. The event is a collaboration between several immigrant advocacy groups and labor unions including AFSCME and the Philadelphia Federation of Teachers. “Labor United to Free the Children” is expected to be the largest demonstration in the Philadelphia area since Trump took office. Although the Trump administration publically rescinded its policy of separating immigrant families in June, it is expanding the number of beds and holding facilities, as it’s done at the Berks County detention center in Pennsylvania. The Philadelphia Federation of Teachers has been a loud advocate against Trump’s policy of separating families, and says that all children deserve the right to public education. PFT President Jerry Jordan has supported the Hernandez family, who have so far avoided deportation. On Tuesday, Hernandez’s daughter, who is scheduled to speak at the rally, told the press “the problems of my family are also labor issues, and we are stronger when we fight together.”
See Jeff Gammage, The Philly Inquirer, Aug 15 2018
Two Wisconsin Democrats closely affiliated with labor unions are competing for the congressional seat left by House Speaker Paul Ryan (R). The primary race closely reflects major election themes across the country. There’s discussion of unions’ role in wage increases, and debate over right-to-work legislation as Missouri voters shot down a similar law last week. In a statement to Bloomberg Law, ILR’s director of labor education research Kate Bronfenbrenner said: “It’s like everything that’s been happening in Wisconsin and in the country is right there.” Democrats are hoping to turn the area around after the retirement of Paul Ryan. The two Democratic candidates are Randy Bryce and Cathy Myers, and five Republicans are also running in the August 14th primary.
See Andrew Wallender, Bloomberg BNA, Aug 13 2018
Prisoner advocacy groups Jailhouse Lawyers Speak and the Incarcerated Workers Organizing Committee have called for a 20-day prison labor strike to push for better conditions. The announcement comes two years after a national prison strike upended US correctional facilities. A series of demands have been presented, including better conditions, fair pay for prison labor, opening the possibility of parole to all prisoners, and increasing access to rehabilitation programs. Protesters are planning a rally outside of South Carolina’s Lee Correctional Institution at the end of this month.
See EMILY BOHATCH, The State, Aug 13 2018
Teamsters at the sanitation company Republic Services walked off the job Friday, claiming the company is violating labor law. The union members held a midnight picket where they voiced concerns about outsourcing and unaffordable healthcare coverage. The strike comes after a recent $190 million dollar corporate tax-cut Republic received. Teamsters Local 728 says that the company is violating federal labor law by hiring subcontractors for mechanic work. One-hundred and twenty drivers, mechanics, and dispatchers went on strike to protest the outsourcing.
See WGCL Digital Team, CBS 46, WGCL-TV, Aug 13 2018
The United Nurses and Allied Professionals (UNAP) and the Rhode Island Hospital filed separate unfair labor practice complaints amid contract negotiations. Earlier this month, the workers staged a three-day strike and the hospital responded with a lockout. The UNAP is accusing the hospital of retaliating against workers for participating in a three-day strike by unilaterally changing their terms and conditions of employment. The hospital is accusing the union of bargaining in bad-faith and striking over issues unrelated to current negotiations. A hospital spokesperson said that UNAP made proposals after giving notification of the strike, rather than focusing on resolving the established issues. Both sides returned to the bargaining table on August eighth, but no agreement has been reached yet.
See Kelly Gooch, Beckers Hospital Review, Aug 10 2018
Teamsters union locals approved new contracts with UPS for some 250,000 members on Thursday. The proposed five-year contracts still need to be ratified by voters next month. The agreements cover drivers, package sorters, loaders, operations and dock workers across the country. The negotiations have been controversial among some employees, who fear the creation of a new category of “hybrid drivers” would undermine demand for full-time drivers, who make a higher hourly wage. Teamsters package division director Denis Taylor told the press that there is strong support for the tentative agreement among local union leaders, and that the contracts provide members with large wage gains and great opportunities for part-time workers to gain full-time employment.
See Kelly Yamanouchi, The Atlanta Journal-Constitution, Aug 10 2018
Coca-Cola Bottling Company workers are striking after the company’s major recent consolidation. The distributor took over a production facility in Mobile, Alabama and several sales and distribution territories in Alabama, Mississippi, Georgia, and Florida. The strike began after management failed to negotiate a new labor contract with Teamsters Local 991. Major sticking points are low-pay for new employees and rising insurance costs. Despite efforts by a federal mediator, an agreement could not be reached. The company recently struck a deal with the University of Alabama that secured their right as the only beverage provider on campus for the next ten years.
See Lawrence Specker, Alabama.com, Aug 10 2018
The Trump Administration recently selected former National Right to Work Foundation attorney Geoffrey MacLeay to serve as policy adviser for the Office of Labor-Management Standards (OLMS). Prior to his new appointment, MacLeay most recently worked as a professional staff for Republicans on the House Education and the Workforce Committee. There, he called for stricter OLMS oversight of labor organizing centers. The office is responsible for overseeing annual reports filed by labor unions detailing how their membership dues are spent. MacLeay’s appointment may signal the administration’s response to pressure from conservatives to take a tougher stance on the labor movement. The National Right to Work Foundation and White House labor policy adviser James Sherk reportedly called for an OMLS leader who would impose stricter standards for the Labor-Management Reporting and Disclosure Act by requiring worker centers to file more detailed spending disclosures.
See Ben Penn and Josh Eidelson, Bloomberg Law, Aug 8 2018
Missouri voters shot down a legislative proposal that would have significantly suppressed union power on Tuesday. The proposal would have barred private-sector unions from collecting mandatory fair-share dues to cover bargaining expenses, similar to what the Supreme Court decision in Janus v. AFSCME did for public sector unions. A number of states have passed right-to-work laws, but Missouri voters had a rare opportunity to weigh in directly on the matter, and rejected the proposal by a 2-1 margin. The bill was introduced by former Governor Eric Greitens, although he left office amid a scandal before his bill was approved by the legislature in early 2017.
See Noam Scheiber, New York Times, Aug 8 2018
More than 400,000 tea farm workers in east India staged a three-day strike on Tuesday, demanding a 50-cent pay raise. The current minimum wage for these workers is approximately $2.46. Two-dozen labor unions are supporting the strike which spans hundreds of tea gardens in the foothills of the Himalayan Mountains. The workers harvest eponymous tea for export around the world. The unions are hoping to disrupt production around the ongoing monsoon, which is peak production season for the tea gardens.
See Thousands of Indian tea workers strike for 50 cent pay rise, Channel News Asia, AFP/aa, Aug 8 2018
A 3-0 NLRB ruling found that the University of Pittsburgh Medical Center and it’s affiliate hospitals interfered with a union drive by prohibiting workers from discussing unionization with SEIU representatives. According to the decision, the medical center overstepped their right to ban union solicitation in areas where patients are being treated, by preventing union representatives from speaking with off-duty employees in any part of the hospital. The board didn’t weigh in on a related dispute over whether the medical center and it’s affiliated hospitals is considered a single employer under federal labor law.
See Chris Opfer, Bloomberg, Aug 7 2018
Last week, the American Federation of Government Employees (AFGE) challenged three executive orders issued by the Trump administration designed to weaken federal labor unions. The AFGE also challenged a contract that was unilaterally imposed by the Department of Education. The FLRA found reason to believe the Education Department was engaged in bad-faith bargaining, and a Regional Director said there is probable cause to bring unfair labor charges against the department. These developments are a good sign for federal labor unions, who have been grappling with significant setbacks in recent months.
See Charles Tiefer, Forbes, Aug 7 2018
New York Attorney General Barbara Underwood is contesting a Federal Labor Department program that she claims gives employers who violate labor law a way to avoid punishment. Underwood is pursuing the case in Manhattan federal court. On Monday, she petitioned the court to enforce her request for information on the Payroll Audit Independent Determination Program. Federal Lawyers working on the case did not make a statement to the press, but Underwood says that her requests made to the department under the Freedom of Information Act have yet to go answered.
See Times Union, Associated Press, Aug 7 2018
Nurses union reaches contract agreement with Westchester County for dozens of nurses working in public health
The New York State Nurses Association reached an agreement with Westchester County for forty-three nurses working in the local community college, county jail, public health, and social services. The six-year contract is set to run between 2016-2021, and grants the nurses a 2.5 percent raise in 2018,2018, and 2021, and a 3 percent raise in 2020. The county contends with eight nurses unions, one of which has been working without a contract for seven years. County Executive George Latimer says that he is hoping to finalize an agreement in September with the Civil Service Employees Association in order to close the gap after years of drawn-out offers and counteroffers.
See Mark Lungariello, loud.com, Rockland/Westchester Journal News, Aug 3 2018
An NLRB attorney reported that Fuyao Glass America is impeding their investigations into how the Chinese glass company treated union-supporting employees at its plant in Moraine, Ohio. The investigation concerns a number of unfair labor practice complaints against Fuyao. After an 18-month attempt to organize the plant, the UAW won representation in an 886 to 441 election. Attorney Joseph Tansino has filed a request ordering the enforcement of s subpoena.
See Thomas Gnau, Dayton Daily News, Aug 3 2018
The SEIU reached an agreement with an Oregon state employee who sued the union in April, seeking back pay for obligatory union dues. The employee, Debora Nearman, is a systems analyst with the state Department of Fish and Wildlife, and opposed paying dues on political and religious grounds. Her settlement is the first of its’ kind to be reached after the landmark Supreme Court ruling in Janus v. AFSCME, which ruled unions cannot require all employees in a given bargaining unit to pay fair-share dues. Nearman will receive about $3,000 in collective bargaining fees that she paid to the SEIU over the last two years. The National Right to Work Foundation is handling some 200 similar cases across the country.
See Los Angeles Times, Associated Press, Aug 1 2018
Around 30,000 nurses in New Zealand went on strike last month to protest stagnant wages for the first time in nearly 30 years. Meanwhile, tax department workers and primary school teachers are also on strike. New Zealand’s center-left Prime Minister Jacinda Ardern does not condone these labor actions, but she says that under-investment into the public sector over the last nine years has led to deterioration in areas like hospitals and schools. Over that same period, the country’s economy has steadily expanded while wages have remained relatively subdued. Ardern introduced labor reforms that strengthen the bargaining power of unions to help reconcile the spread.
See Tracy Withers, Bloomberg, Aug 1 2018
The Swedish Air Pilots’ Association has given notice to Ryanair that they will go on strike August 10. A Belgium union has advised their pilots to do the same, after years of tension between Ryanair management and its’ members. The discount airline has only recognized pilot unions since December of 2017, after a series of work stoppages highlighted tensions in their workforce. In late July, Ryanair’s Spanish and Portuguese pilots went on strike, leading to the cancellation of six-hundred flights. Pilots in Ireland are preparing to stage their fourth strike in the last month. Yesterday, the airline announced that it had agreed to 9 out of the 11 demands, and invited the union for talks on August 4.
See Helen Massy-Beresford, Air Transport World, Aug 1 2018
Six years ago, Trump’s Supreme Court nominee Brett Kavanaugh was one of three judges who voted unanimously to set aside an NLRB order that would have required the Trump Plaza Hotel and Casino in Atlantic City to bargain with the UAW. Kavanaugh is due to replace Justice Anthony Kennedy when he retires this Tuesday July 31st. Many critics point to his decision in that case, along with similarly anti-worker rulings including a case where he backed management at Sheldon Adelson’s Las Vegas Venetian hotel at Sea World after an employee was killed by an orca, as reasons to be concerned about Kavanaugh’s upcoming seat on the Supreme Court. Former NLRB chair Wilma Liebman says that Kavanaugh’s track record suggests that he is disinclined to grant traditional deference to agencies like the labor board.
See Josh Eidelson, Bloomberg Politics, Jul 30 2018
The powerful union representing Hyundai Motor workers in South Korea is beginning to show signs of weakening. Last year, workers went on strike for twenty four days, only to be stuck in negotiations for months following to secure the workers’ smallest raise in nearly a decade. This week, after just a two-day strike the union reached an agreement with management that secured an even smaller wage increase than last year. The relatively small gains may be a sign that the union is losing power due to falling profits, growing criticism, the near bankruptcy of GM Korea, and potential U.S. tariffs. The deal was ratified by union members last Thursday, right before the company released its second-worst quarterly net profit report since 2012.
See Hyunjoo Jin, Reuters, Jul 30 2018
A video created by UPS employee Tyler Binder criticizing the tentative agreement between the Teamsters and UPS has gone viral. In the twelve minuet video, Binder explains in plain language why he opposes the tentative contract, which would cover 270,000 UPS workers. Teamster activists oppose the contract because it encourages UPS to undercut full-time delivery drivers by creating a second tier for part-time drivers at a discounted wage. UPS employs many part-time workers, but mostly in their warehouses sorting, loading, and unloading packages. The proposed contract would create a new category for “hybrid” workers who work both in warehouses and as drivers. These employees would make $30 an hour compared to the $36 wage of a full-time UPS driver. The contract also stipulates that UPS has the right to impose a 70-hour work week during peak delivery season.
See Alexandra Bradbury, Labor Notes, Jul 30 2018
Betsy DeVos’ Education Department has been accused of engaging in bad faith bargaining by federal labor mediators, according to a statement from the American Federation of Government Employees on Tuesday. The conflict stems from a new set of work rules that the Education Department allegedly imposed on its employees illegally, curtailing their protections and fair access to union representation. Union officials say that the anti-union work rules are reflective of wide-reaching executive orders and that other federal agencies including the Department of Veterans Affairs and the Social Security Administration have had similar rules imposed on them. According to the FLRA, the Education Department imposed a “collective bargaining agreement” in February that they said was reflective of both sides’ final offers, after nearly a year of negotiations came to an impasse.
See Erica L. Green, The New York Times, Jul 25 2018
On Monday, Disneyland Resort and four unions announced they have reached a tentative bargaining agreement. The announcement comes after weeks of employee protests, whose plight has drawn national attention as several park workers shared their stories about struggling with homelessness and food insecurity. A Disneyland spokeswoman said that the details of the contract will be announced upon its ratification, which is expected to happen sometime this week.
See NBC Los Angeles, Jul 25 2018
The NLRB has announced that it plans to seek $2.2 million from Wendy McCraw, owner of the Santa Barbra News-Press, for grievances against her employees over a 12-year period. The multi-millionaire illegally hired nonunion temporary workers and freelancers, illegally fired two employees, and illegally suspended employees’ merit-based pay. McCraw was also ordered to pay the Teamsters $183,000 in expenses incurred during fruitless contract negotiations between 2007 and 2012.
See Melinda Burns and Dawn Hobbs, edhat Santa Barbara, Jul 25 2018
In a new court filing, the National Right to Work Foundation is demanding that SEIU Local 1000 reimburse some 40,000 current and former state employees because of the union’s allegedly overburdensome “opt-out” procedures that the organization claims caused employees to pay more than necessary in fees. The SEIU could be facing a penalty to the tune of more $100 million if the Right to Work Foundation’s request is approved by the courts. The recent filing was prompted by the recent Janus vs. SEIU supreme court decision, which ruled that public-sector unions cannot collect fair-share dues from employees who do not wish to be members of the union.
See ADAM ASHTON, Sacramento Bee, Jul 23 2018
Lifetime Brands, the parent corporation of brands including KitchenAid and Mikasa, was ordered by a New Jersey District Court judge to reinstate two employees that it allegedly fired for union organizing activities. The temporary injunction was issued last Tuesday by Judge Brian Martinotti. The company was ordered to stop firing or discriminating against employees who support unionization, stop interrogating employees over their views on unionization, and to stop incentivizing employees with promotions to half their union activities.
See Samantha Marcus, New Jersey.com, Jul 23 2018
According to a sworn declaration from May 16th, United Airlines President J. Scott Kirby told an employee that workers could lose flight benefits if they decide to be represented by Unite Here. Kirby’s comments could fuel the ongoing organizing effort by United employees, and potentially undermine the company’s attempts to block unionization. In February, the company filed a fraud claim with the National Mediation Board, claiming that Unite Here coerced workers into supporting the union. The Board initiated a rare field investigation into the union’s organizing tactics, which Unite Here says was recently completed.
See Fatima Hussein and Jaclyn Diaz, Bloomberg BNA, Jul 20 2018
Verizon has agreed to extend a 2016 contract for some 34,000 employees for another four years. The Communications Workers of America and the International Brotherhood of Electrical Workers agreed to pay raises totaling 11% over the four year contract extension. The original contract was settled in 2016 following a seven-week strike. Both sides were able to avoid the possibility of similarly contentious negotiations next year by extending the contract.
See Aaron Pressman, Fortune, Jul 20 2018
The NLRB rejected a request from Las Vegas-based Station Casinos to stop the unionization of its Green Valley Ranch resort. Workers voted in favor of representation by Culinary Local 226 and Bartenders Local 165 in November 2017, but management fought the election. The same company is challenging the April 2018 election at another one of its resorts called Palms. The casino chain did not tell Las Vegas Review-Journal reporters on what basis they are challenging the elections.
See Todd Prince, Las Vegas Review-Journal, Jul 20 2018
On Tuesday, administrative law judge Lauren Esposito rejected a proposed settlement that would have allowed McDonalds to avoid being labeled a “joint employer”, and therefore absolved of all responsibility in labor-law violations at it’s franchises. Esposito wrote in her opinion that the scope of the grievances involved in the case, which has been ongoing since 2012, would not be remedied by the proposed settlement. McDonalds said that they feel it is fair and reasonable, and the company may appeal the decision to the republican-controlled NLRB. In the proposed settlement, the company agreed to pay between $20 and $50,000 to every employee who claimed they were fired for participating in the national “fight-for-fifteen” movement. This case is an important test of how a 2015 NLRB ruling that made it easier to find a company liable for labor law violations by contractors would apply to franchises.
See Daniel Wiessner, Reuters, Jul 18 2018